Legal Question in Family Law in Massachusetts
Restraining Order
I have had a divorce hearing and I am awaiting the final docomentation. However, My soon to be ex-husband is mentally and maybe physically abusing my children. I want a restraining order will this affect the proceedings?
3 Answers from Attorneys
Re: Restraining Order
There are rules for assessing if you are entitled to this; nothing you have stated appears to meet these.
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Re: Restraining Order
It depends what stage of your divorce process you are currently at. If you want a restraining order, it would be advisable to get it through the same probate court instead of through district or superior court.
Re: Restraining Order
It depends on the stage of your divorce as to whether it will delay the divorce. If you are simply waiting for the court order of divorce, it should not delay the matter. You should seek the restraining order now, but you should have independent confirmation of your ex's behavior if possible. I would seek the order even if you do not have independent confirmation.
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